THE LAW ASSOCIATION OF ZAMBIA ACT

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

1. Short title

2. Interpretation

PART II

LAW ASSOCIATION OF ZAMBIA 3. Establishment of Association

4. Objects

PART III

MEMBERSHIP 5. Qualifications for membership

6. Subscriptions

7. Expulsion and suspension of members

8. Resignation and cessation of membership

9. Rights, etc., of members

PART IV

MANAGEMENT 10. Constitution of the Council

11. Powers of the Council

12. Employees

13. Committees

13A. Power to suspend practising certificate

14. Representatives on other bodies

15. Procedure

PART V

LAW SOCIETY Section

16. Repeal

17. Transitional

18. Transfer of assets and liabilities

PART VI

FINANCIAL AND GENERAL PROVISIONS 19. Power to hold property and raise money

20. Funds of Association

21. Income of Association exempt from tax

22. Accounts

23. Common seal

24. Rules

CHAPTER 31 LAW ASSOCIATION OF ZAMBIA 23 of 1973

36 of 1973

16 of 2006

An Act to establish the Law Association of Zambia and to dissolve the

Law Society of Zambia

(23rd March, 1973)

PART I

PRELIMINARY 1. This Act may be cited as the Law Association of Zambia Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"the Association"means the Law Association of Zambia established by

section three;

"the Law Society" means the Law Society of Zambia established by the

Law Society of Zambia (Private) Act. Cap 47 of the repealed Edition of

the Laws of Zambia;

"lawyer" includes student of law;

"ordinarily resident" includes temporarily resident for the purpose of the

performance of a contract.

PART II

LAW ASSOCIATION OF ZAMBIA 3. There is hereby established the Law Association of Zambia which

shall by that name be a body corporate with perpetual succession and a

common seal and which shall be capable of suing and being sued and,

subject to the provisions of this Act, of doing or performing such acts or

things as a body corporate may by law do or perform. Establishment of

Association

4. The objects for which the Association is established are-

(a) to further the development of law as an instrument of social

order and social justice and as an essential element in the growth of

society; Objects

(b) to provide a means by which all lawyers, whatever their

particular field of activity, can participate together fully and effectively

in the development of society and its institutions;

(c) to encourage lawyers as individuals to join actively in the life of,

and identify themselves with, the people, and to utilise their skills and

training in their service;

(d) to promote the education of lawyers at all stages and levels, with

particular emphasis on the broadening of such education;

(e) to consider the qualifications of lawyers and to make

recommendations to the Government thereon;

(f) to maintain and improve the standards of conduct of all members

of the legal profession;

(g) to consider the legislation relating to legal aid and other ways of

securing representation for persons who for any reason are unable to

secure it, and to make recommendations to the Government thereon; and

to establish machinery for the provision of legal aid in addition to that

provided by the Government;

(h) to co-operate with the representative bodies of other professions

and other institutions;

(i) to promote research in the development of the law in general and

particularly in relation to-

(i) the applicability and suitability of received law;

(ii) the character and content of customary law;

(iii) the influence of industrial, commercial and technological

development on society and social institutions;

(j) to promote the reform of the law, both by the amendment of and

the removal of imperfections in existing law, and by the re-formulation,

codification or restatement of particular branches of the law;

(k) to participate when called upon in draft legislation, and to

strengthen the machinery for the critical examination of its legal quality;

(l) to seek the advancement of the rule of law and of the rights and

liberties of the individual;

(m) to promote the improvement and reform of the judicial and

administrative systems, including tribunals and their procedure;

(n) to represent, protect and assist members of the legal profession

in regard to their conditions of practice, remuneration and otherwise;

(o) to protect and assist the public in all matters touching, ancillary

or incidental to the legal profession;

(p) to do all such other things as may be conducive to the attainment

of the foregoing objects or any of them.

PART III MEMBERSHIP 5. (1) Every person who immediately before the commencement of this

Act is a member of the Law Society shall, on that date, become a

member of the Association without payment of any entrance fee. Qualifications for

membership

(2) Any of the persons referred to in subsections (3) and (4) who applies

for membership in the prescribed manner and pays the prescribed fees

shall be admitted as an ordinary member or an associate member, as the

case may be, of the Association:

Provided that-

(i) a person who has been expelled from the Law Society or the

Association shall not be admitted or re-admitted as a member without

the approval, at a meeting of the Council, of not less than two-thirds of

the total membership thereof;

(ii) no person who, whether in Zambia or elsewhere, has been

suspended from practice or whose name has been struck off a roll of

practitioners (by whatever name called) shall be qualified to become a

member unless the period of his suspension has expired or his name has

been restored to such roll.

(3) Ordinary membership shall be open to any person who is ordinarily

resident in Zambia and who-

(a) is admitted to the roll of practitioners in Zambia or is qualified to

practise elsewhere as a lawyer; or

(b) has been awarded the degree of Bachelor of Law by the

University of Zambia or has obtained a degree or other qualification

acceptable to the Association for purposes of membership.

(4) Associate membership shall be open to any person who-

(a) is in regular attendance at the School of Law at the University of

Zambia, or is a full-time student at a university elsewhere engaged in a

programme leading directly to a degree acceptable to the Association for

purposes of membership; or

(b) is an articled clerk serving under articles of clerkship in

accordance with the Legal Practitioners Act; or Cap. 30

(c) is engaged in a programme of study acceptable to the

Association for purposes of associate membership; or

(d) is a managing clerk employed by a legal practitioner in Zambia.

6. Members of the Association shall pay into the funds of the

Association such periodical subscriptions as may from time to time be

prescribed. Subscriptions

7. A member of the Association may be expelled or suspended

therefrom upon such grounds and in such manner as may from time to

time be prescribed: Expulsion and

suspension of

members

Provided that no member shall be expelled or suspended unless he has

been afforded a reasonable opportunity of answering any allegations

made against him.

8. (1) Any member of the Association may resign therefrom in such

manner as may be prescribed. Resignation and

cessation of

membership

(2) Any member of the Association who ceases to be qualified for

membership under section five shall thereupon cease to be a member.

9. Members of the Association shall have such rights, privileges and

obligations as may be prescribed. Rights, etc., of

members

PART IV

MANAGEMENT 10. (1) For the proper management of the affairs of the Association

there shall be an executive committee (herein referred to as "the

Council") consisting of a chairman, a vice-chairman, a secretary and a

treasurer (herein referred to as "officers") and not more than twelve

other persons. Constitution of the

Council

(2) The members of the Council shall be members of the Association

and shall be elected by the Association in general meeting;

Provided that a casual vacancy on the Council may be filled by the

election by the remaining members of the Council of a substitute, who

shall hold office until the expiration of office of the Council.

(3) (a) Associate members shall not be eligible for election as officers

of the Association.

(b) The number of associate members on the Council shall not exceed

one-quarter of the total membership thereof.

11. (1) Except as otherwise expressly provided by this Act, the Council

may exercise all the powers of the Association. Powers of the

Council

(2) No rules made under this Act or resolution passed by the

Association in general meeting shall invalidate any prior act of the

Council which would have been valid if such rules or resolution had not

been made or passed, as the case may be.

12. The Council may engage employees and remunerate them in such

manner as it may decide. Employees

13. (1) The Council may from time to time appoint committees

consisting of members of the Association and may, except as otherwise Committees

expressly provided by this Act, delegate to any such committee all or

any of the powers of the Council.

(2) The Council may invite any person to serve on any such committee

in an advisory capacity.

(3) The Council shall appoint a Legal Practitioners’ Committee

consisting of not less than nine and not more than thirteen members of

the Association.

(4) A person shall not be appointed as a member of the Legal

Practitioners’ Committee unless the person—

(a) holds a current practising certificate issued under the Legal

Practitioners Act and is in Practice in Zambia; and

(b) has been in practice for a period of at least ten years.

(5) The members of the Legal Practitioners’ Committee shall hold office

for a period of three years and shall elect, from amongst their number, a

convenor and such number of secretaries and other officers as they may

determine.

(6) The Council may remove a member of the Legal Practitioner’s

Committee from office if the member —

(a) is absent without reasonable cause from three consecutive meetings

of the Committee of which the member has had notice; or

(b) is struck off the Roll or suspended from practice as the case may be.

(7) The functions of the Practitioners' Committee shall be-

(a) to exercise on behalf of and in the name of the Association the

powers of the Association relating to the issue of practising certificates

pursuant to the provisions of Part V of the Legal Practitioners Act; Cap. 30

(b) to exercise on behalf of and in the name of the Association the

powers of the Association relating to the Compensation Fund in

accordance with the provisions of Part VI of the Legal Practitioners Act; Cap. 30

(c) to exercise on behalf of and in the name of the Association the

powers conferred upon the Association by section sixty-nine of the

Legal Practitioners Act; Cap. 30

(d) to exercise the functions vested in the Remuneration Committee

established pursuant to section seventy of the Legal Practitioners Act; Cap. 30

(e) to exercise the functions vested in the Association pursuant to

the Legal Practitioners (Disciplinary Proceedings) Rules and the Legal

Practitioners (Disciplinary Proceedings) (Practitioners' Clerks) Rules;

Cap. 30

(f) to exercise on behalf of and in the name of the Association the

functions of the Association pursuant to Part VIII of the Legal

Practitioners Act;

Cap. 30

(g) to exercise any functions vested in the Association by

regulations made pursuant to section ninety of the Legal Practitioners

Act;

Cap. 30

(h) to exercise such other functions as may from time to time be

delegated to the Practitioners' Committee by the Council or by the

Association in general meeting.

(As amended by Act No. 16 of 2006)

13A. The Legal Practitioners’ Committee may, on its own

volition or, on the advice of the Disciplinary Committee

established pursuant to section four of the Legal Practitioners

Act, suspend, for such period as the Legal Practitioners’

Committee may determine, the practising certificate of a

practitioner to whom an application under paragraph (b) of

subsection (1) of section twenty-two of that Act, relates,

pending the outcome of the hearing of the case by the

Disciplinary Committee. Power to

suspend

practising

certificate

Cap. 30

14. Whenever it becomes necessary or desirable for the Association to

appoint a representative to serve on any board, committee or other body,

such representative may be appointed by the Council or by the

Association in general meeting. Representatives on

other bodies

15. The proceedings of the Council and of every committee appointed Procedure

pursuant to section thirteen shall be regulated in such manner as may be

prescribed.

(As amended by No. 36 of 1973)

PART V LAW SOCIETY 16. The Law Society of Zambia (Private) Act, Chapter 47 of the

Revised Edition, is repealed. Repeal

17. (1) After the commencement of this Act and until the Council,

committees and officers of the Association are elected or appointed

thereunder, the Council, committees and officers of the Law Society

operating or holding office immediately before the commencement shall

operate and hold office as the Council, committees and officers of the

Association as if they had been elected or appointed under this Act. Transitional

(2) The rules of the Law Society in force immediately before the

commencement of this Act shall thereafter remain in force as the rules of

the Association mutatis mutandis as if they had been made under section

twenty-four until such time as any rules are so made.

(3) Any representative appointed by the Law Society to serve on any

board, committee or other body shall be deemed to be a representative

appointed by the Association.

(As amended by No. 36 of 1973)

18. (1) Upon the commencement of this Act all property, assets, rights,

liabilities and obligations of the Law Society shall vest in the

Association by virtue of this Act and without further assurance. Transfer of assets

and liabilities

(2) All agreements, instruments, appointments, notices, applications,

acts or deeds giving rise or otherwise relating to any rights, liabilities,

duties or obligations of the Law Society which were subsisting

immediately prior to the commencement of this Act shall on or after the

commencement have effect and be enforceable as if instead of the Law

Society the Association had been named therein or had been a party

thereto.

(3) Any proceedings or cause of action pending or existing immediately

prior to the commencement of this Act may be continued or enforced by

or against the Association as it might have been continued or enforced

by or against the Law Society as if this Act had not been enacted.

(4) In respect of any property, transfer, mortgage, lease, agreement,

certificate or other instrument which is the subject of registration by

virtue of any written law the proper officer of the appropriate

registration authority shall upon the request of the Association without

charge make such entry, memorial or endorsement or issue such new

certificate or take such other action as may be necessary to give effect to

the provisions of this section.

PART VI

FINANCIAL AND GENERAL PROVISIONS 19. The Association shall have power, for the advancement of its

objects or any of them-

(a) to acquire, hold, develop, sell, mortgage, charge, lease or

otherwise deal with or dispose of property of all kinds, whether real or

personal;

(b) to raise or borrow money in such manner and upon such security

as may be determined by the Council. Power to hold

property and raise

money

20. (1) The funds of the Association shall consist of- Funds of

Association

(a) such sums as may be paid to the Association by way of entrance

fees and subscriptions of members and fees payable on admission to the

roll of practitioners and the issue of practising certificates;

(b) such sums as may be paid to the Association by way of grant or

donation;

(c) such other moneys as may accrue to the Association in the

exercise of its functions.

(2) The Council may invest in such manner as it shall think fit any

moneys held by the Association which are not immediately required for

the performance of its functions.

(3) Nothing contained in this Part shall permit the distribution or

payment of any moneys or other assets or income of the Association to

or for the benefit of any member of the Association.

21. The income of the Association from whatever source shall be

exempt from any tax payable under any written law for the time being in

force relating to taxes on income and profits. Income of

Association

exempt from tax

22. (1) The Association shall keep proper books of account and other

records relating thereto and shall prepare in respect of each financial

year a statement of account and balance sheet showing, in all necessary

detail, the income and expenditure and the assets and liabilities of the

Association. Accounts

(2) The accounts of the Association shall be audited annually by an

auditor appointed by the Council.

23. The common seal of the Association shall be kept in such custody

and used in such manner as may be prescribed. Common seal

24. Subject to the provisions of this Act, the Council may, by statutory

instrument, make rules prescribing anything required or permitted by

this Act to be prescribed, including, but without derogating from the

generality of the foregoing, rules relating to-

(a) entrance fees and periodical subscriptions;

(b) applications for membership;

(c) the grounds for, and procedure relating to, expulsion or

suspension of members;

(d) the resignation of members;

(e) the regulation and delegation of powers exercisable by the

Council;

(f) the functions and powers of committees; Rules

(g) meetings of the Association, the Council and committees;

(h) the election, removal and replacement of the officers of the

Association, members of the Council and of committees of the

Association, and representatives of the Association on any other bodies;

(i) the accounts of the Association;

(j) the custody and use of the common seal.

SUBSIDIARY LEGISLATION LAW ASSOCIATION OF ZAMBIA THE LAW SOCIETY OF ZAMBIA (PRIVATE) RULES ARRANGEMENT OF RULES

Rule

1. Title

2. Interpretation

3. Membership

4. Entrance fees and periodical subscriptions

5. Expulsion

6. Suspension

7. Resignation

8. The Council

9. Committees

10. General meetings

11. Reports and accounts

12. Council and officers

13. Representatives of Society

14. The seal

15. Arbitration

16. Notices

17. Amendment of Rules

SECTION 17(2)-THE LAW SOCIETY OF ZAMBIA Government

(PRIVATE) RULES

Rules made under Section 18 of the Law Society of

Zambia (Private) Act, Chapter 47 of the Revised Edition, and continued in force by virtue of Section

17 (2) of the Law Association of Zambia Act. Notices

148 of 1962

497 of 1964

Act

13 of 1994

1. These Rules may be cited as the Law Society of Zambia (Private)

Rules. Title

2. In these Rules unless, the context otherwise requires- Interpretation

"member" means a full or associate member of the Society.

"month" means calendar month;

"rules" or "regulations" means these Rules or any other rules or

regulations made by the Council;

"the secretary" means the secretary of the Society and includes any

deputy or person temporarily fulfilling the duties of the office.

3. (1) A candidate for admission as a full member must possess one of

the qualifications required by paragraph (a) or (b) of subsection (2) of

section six of the Act. Membership

(2) A candidate for admission as an associate member must be

ordinarily resident in Zambia and either-

(a) a qualified person as defined by section six of the Legal

Practitioners Act; or Cap. 30

(b) a person qualified to practise as a solicitor, attorney, barrister or

advocate in any country which is a member of the Commonwealth of

Nations.

(3) Every candidate for membership shall be proposed by a full member

in writing addressed to the secretary in such form as the Council shall

from time to time require and signed by the proposer and by the

candidate, who shall thereby undertake, if elected, to conform to the Act

and the rules of the Society.

(4) A candidate who is qualified in accordance with sub-rule (1) and

every candidate who is qualified in accordance with sub-rule (2) and

whom the Council shall, in its uncontrolled discretion, think fit to admit

to membership shall, subject to payment of the prescribed entrance fee,

be admitted by the Council as a full member or as an associate member,

as the case may be, and such membership shall continue until the

member ceases to be so qualified, resigns from the Society or is expelled

therefrom in the prescribed manner.

(5) An associate member shall be entitled to receive all notices of and to

attend meetings of the Society and to enjoy all other privileges of

membership, except that he shall not have any right to vote at any

meeting of the Society or to serve on the Council or on any committee of

the Society or as a representative of the Society on any board, committee

or other body.

4. (1) The entrance fee payable by a full member shall be sixty three fee

units or, if he is already an associate member, thirty two fee units. Entrance fees and

periodical

subscriptions

(2) The entrance fee payable by an associate member shall be thirty two

fee units.

(3) The subscription payable by each full or associate member shall be

such sum as may from time to time be recommended by the Council and

approved by the Society in general meeting.

(4) The first subscription shall become payable upon admission to

membership, and subsequent subscriptions shall become payable in

advance upon the 1st January in every year:

Provided that the first subscription of a full member who, immediately

before his admission as a full member, was an associate member, shall

be reduced by the amount of the subscription already paid by him in

respect of the year in which he becomes a full member.

(As amended by Act No. 13 of 1994)

5. (1) If it shall be represented to the Council by a requisition in writing

signed by three or more full members that there is reason to believe that

any member has been guilty of conduct which, in the absence of

satisfactory explanation, would render him unfit to remain a member,

the Council shall send to such member a statement in writing of the

conduct imputed to him and shall afford him an opportunity of giving an

explanation in writing or in person, as he may elect. Expulsion

(2) If, on the consideration of such explanation or in the absence of any

explanation, the Council shall be of opinion that such member ought to

be expelled from the Society, they shall state their opinion in the form of

a report to be laid before a general meeting of the Society, and such

member shall be liable by special resolution to be excluded from the

Society, and if such resolution be so passed he shall thereupon cease to

be a member thereof.

(3) The Council may in their discretion exclude from the Society any

member who is a bankrupt or who has made any arrangement or

composition with his creditors.

6. The Council may suspend any member from the exercise of all

rights and privileges of a member during such period as they may think

fit, not extending beyond the next annual general meeting, for any cause

which shall in their opinion render such suspension necessary or

expedient: Suspension

Provided that-

(i) at least five members of the Council must be present at the

meeting at which the suspension shall be resolved on;

(ii) the Council shall have afforded to such member an opportunity

of giving an explanation to the Council in writing or in person, as he

may elect.

7. A member may retire from the Society by sending in his resignation

in writing to the Council.

Resignation

8. (1) The Council may meet together for the despatch of business,

adjourn and otherwise regulate their meetings as they think fit.

Questions arising at any meeting shall be decided by a majority of votes.

In case of an equality of votes, the chairman of the meeting shall have a

second or casting vote. Any member of the Council may, and the

secretary on the requisition of a member of the Council shall, at any

time, summon a meeting of the Council.

The Council

(2) The president or, failing him, the vice-president of the Society shall

be chairman of all meetings of the Council at which he is present, but if

at any meeting neither the president nor vice-president is present within

fifteen minutes after the time appointed for holding the same, the

members of the Council present may choose one of their number to be

chairman of the meeting.

(3) The quorum necessary for the transaction of the business of the

Council shall be three.

(4) The Council shall meet at such place as shall from time to time be

determined by them or, failing any such determination, at the office of

the secretary.

9. (1) The Council may delegate any of their powers to committees

consisting of such full members of the Society as they think fit; any

committee so formed shall, in the exercise of the powers so delegated,

conform to any regulations that may be imposed on them by the

Council.

Committees

(2) A committee may elect a chairman of their meetings, but if no such

chairman is elected or if at any meeting the chairman is not present

within ten minutes after the time appointed for holding the same, the

members present may choose one of their number to be chairman of the

meeting.

(3) A committee may meet and adjourn as they think proper. Questions

arising at any meeting shall be determined by a majority of votes of the

members present, and, in case of an equality of votes, the chairman shall

have a second or casting vote.

(4) Any member of a committee may at any time summon a meeting

thereof. Meetings of the committee shall be held in such place as shall

from time to time be determined by the members thereof or, failing such

determination, by the convenor of the meeting.

(5) The quorum necessary for the transaction of the business of a

committee may be fixed by that committee, and unless so fixed shall be

two.

10. (1) The annual general meeting shall be held at such time (not being

more than fifteen nor less than nine months after the holding of the last

preceding annual general meeting) and place as may be determined by

the Council. In default of the annual general meeting being so convened,

an annual general meeting shall be held in the month next following the

last day upon which the annual general meeting should have been held

and may be convened by any two full members of the Society in the

same manner as nearly as possible as that in which meetings are to be

convened by the Council.

General

meetings

(2) The Council may, when they think fit, convene a special general

meeting, and shall, on the requisition in writing of not less than three full

members of the Society, forthwith proceed to convene a special general

meeting of the Society. Any such requisition must state the objects of

the meeting and must be signed by the requisitionists and deposited at

the office of the secretary. If the Council do not proceed to cause a

meeting to be held within thirty days from the date of the requisition

being so deposited, the requisitionists or a majority of them may

themselves convene the meeting.

(3) Ten days' notice at the least (exclusive of the day on which the

notice is served or deemed to have been served but inclusive of the day

for which notice is given) specifying the place, the day and the hour of

the meeting and business to be brought before the meeting shall be given

to every member of the Society, but the non-receipt of the notice by any

member shall not invalidate the proceedings at any general meeting.

(4) No business shall be transacted at any general meeting unless a

quorum of full members is present at the time when the meeting

proceeds to business; save as herein otherwise provided, ten full

members personally present shall be a quorum. If within half an hour

from the time appointed for the meeting a quorum is not present, the

meeting if convened upon the requisition of full members shall be

dissolved; in any other case it shall stand adjourned to the same day in

the next week at the same time and place, and if at the adjourned

meeting a quorum is not present within half an hour from the time

appointed for the meeting, the full members present shall be a quorum.

The president or, failing him, the vice-president shall be the chairman at

every general meeting of the Society, but if neither of them shall be

present at any meeting within fifteen minutes after the time appointed

for holding the same, the full members present shall choose some one of

their number to be chairman of that meeting.

(5) The chairman may, with the consent of any meeting at which a

quorum is present (and shall if so directed by the meeting), adjourn the

meeting from time to time and from place to place, but no business shall

be transacted at any adjourned meeting other than the business left

unfinished at the meeting from which the adjournment took place. It

shall not be necessary to give any notice of an adjournment or of the

business to be transacted at an adjourned meeting.

(6) Except where otherwise provided by the Act or by these Rules, all

questions shall be decided by a majority of the full members present in

person or by proxy and voting, and in all cases, including the case of a

contested election, the chairman shall, in the event of an equality of

votes, have a second or casting vote.

(7) A resolution put to the vote of the meeting shall be decided on a

show of hands of full members unless a poll is (before or on the

declaration of the result of the show of hands) demanded by at least

three full members.

(8) If a poll is duly demanded it shall be taken forthwith and in such

manner as the chairman directs, and the result of the poll shall be

deemed to be the resolution of the meeting.

(9) Every full member present in person or by proxy shall have one

vote, whether on a show of hands or on a poll.

(10) No person shall act as a proxy unless he is entitled on his own

behalf to be present and vote at the meeting at which he acts as a proxy.

The instrument appointing a proxy shall be in writing under the hand of

the appointer and shall be delivered to the secretary not later than the

time fixed for holding the meeting at which the person named in the

instrument proposes to vote.

11. At the annual general meeting in every year the chairman thereof

shall present the report of the Council upon the general affairs of the

Society for the previous year, and the secretary shall present the

accounts of the Society for the same year for the approval of the

meeting.

Reports and

accounts

12. (1) The president and vice-president and the five other members of

the Council shall be elected at the annual general meeting in each year

and shall continue in office until the close of the next annual general

meeting, or if from any cause their successors shall not be elected at

such meeting, then until the election of their successors.

Council and

officers

(2) The Society in general meeting may from time to time appoint a

secretary, treasurer and such other officers of the Society, paid or

unpaid, for such period and upon such terms and conditions as the

Society shall determine and may in general meeting at any time remove

any such person from his appointment.

(3) The secretary, treasurer and any other officer of the Society shall,

notwithstanding such appointment, be eligible for election as a member

of the Council.

(4) Any officer or member of the Council desirous of vacating his office

may send in his resignation in writing to the Council and, on the

acceptance of such resignation by the Council, his office shall become

vacant and not before.

(5) The office of a member of the Council shall be vacated if he

becomes of unsound mind, suffers a receiving order in bankruptcy to be

made against him, ceases to be a full member of the Society or abstains

without leave from attending three consecutive meetings of the Council,

and a resolution of the Council declaring his office to have been vacated

upon any such ground as aforesaid shall be conclusive as to the facts.

(6) A casual vacancy on the Council may be filled by the election of a

substitute by the remaining members of the Council, and such substitute

shall hold office until the expiration of office of the Council.

13. The Council may at any time appoint and the Society may at any

time in general meeting elect a full member of the Society to be the

representative of the Society upon any board, committee or other body

and shall, upon his appointment or election, determine the period of his

office as such representative, and any such representative may at any

time be removed from such office and another full member of the

Society may be appointed or elected in his place by the Council or the

Society, as the case may be.

Representatives

of Society

14. The Society shall have a common seal which shall be kept in the

custody of the secretary and shall not be affixed to any instrument

except by the authority of a resolution of the Council and in the presence

of at least two members of the Council and of the secretary, or such

other person as the Council may appoint for the purpose, and those two

members of the Council and the secretary or other person as aforesaid

shall sign every instrument to which the seal of the Society is so affixed

in their presence.

The seal

15. If any question or difference shall arise between members of the

Society upon any matter of professional conduct, etiquette or practice,

the parties to such question or difference may refer the same to the

Council, who shall thereupon appoint two of their number to be

arbitrators of the matter in difference, and such arbitrators shall have

power to take the opinion of such counsel as they may think fit upon any

question of law that may arise and at their discretion to adopt any

opinion so taken and to obtain the assistance or advice of the

Incorporated Law Society in England, and every such reference shall be

deemed to be made in accordance with the provisions of the Arbitration

Act and every statutory modification thereof for the time being in force,

and each of the parties shall do all acts and things and execute all deeds

and instruments necessary to give effect to the award to be made

pursuant to such reference.

Arbitration

Cap. 40

16. Any notice required to be given by these Rules may be given to any

member either personally or by sending it by post to him at his usual or

last known place of business or to the Society by delivering it or sending

it by post to the secretary, and when a notice is sent by post it shall be

Notices

deemed to be duly given on the day after that on which it was posted.

17. These Rules may be amended from time to time by the Council by

resolution of the Council, but no such amendment shall come into force

until the same has been approved by a special resolution of the Society

in general meeting.

Amendment of

Rules

THE LAW ASSOCIATION OF ZAMBIA (ELECTORAL)

RULES [ARRANGEMENT OF RULES]

PART I

PRELIMINARY Rule

1. Short title

2. Interpretation

PART II

GENERAL PROVISIONS 3. Electoral Committee

4. Returning Officer

5. Functions of Returning Officer

6. Election Officers

7. Election Agent

8. Nomination day

9. Identification of candidates

PART III

PROCEDURE FOR

NOMINATIONS 10. Nomination of candidates

11. Withdrawal of nomination

12. Validity of nomination

13. Procedures after determining the validity of nomination

14. Notice of Polls

15. Inspection of Nomination Papers

PART IV

THE POLL AND THE BALLOT Rule

16. The polls

17. Voting by Proxy

18. Ballot paper

19. Issuance of Ballot Paper

20. Ballot boxes and election material

21. Procedure for casting vote

22. Counting of votes

23. Spoilt papers

24. Questions arising on decision of Returning Officer

25. Recounting of votes

26. Equality of votes

27. Results of elections

28. Control of persons during Polling

PART V

PROCEDURE AFTER

COUNTING VOTES 29. Ballot Papers to be sealed in packets after counting

30. Custody and destruction of election matters

PART VI

MISCELLANEOUS 31. Election Petitions

32. Amendment of Rules

33. Indemnity

SECTION 24-LAW ASSOCIATION OF ZAMBIA

(ELECTORAL) RULES Rules by Council Statutory

Instrument

156 of 1996

PART I

PRELIMINARY 1. These Rules may be cited as the Law Association of Zambia

(Electoral) Rules.

Short title

2. (1) In these rules, unless the context otherwise requires-

"ballot box" means a ballot box provided to a Returning Officer for

taking of a Poll;

"ballot paper" means the document prescribed in the Schedule to these

Rules;

"candidate" means a person who, in relation to an election has lodged or

intends to lodge his nomination papers;

"Committee" means the Electoral Committee established under Rule 3;

"election officer" means a person appointed by the Council under Rule

6;

"membership card" means a membership card issued to a full or

associate member by the Association;

"member" means a full or associate member of the Association;

"nomination paper" means the document prescribed under Rule 10;

"Presiding Officer" means the Returning Officer appointed by the

Interpretation

Council under Rule 4;

"Proxy form" means the form prescribed under Rule 17;

"Register of voters" means a register of full members compiled by the

Association;

"Returning Officer" means a person appointed under Rule 4;

"Voters Roll" means the register of members compiled by the

Association.

3. (1) There shall be an Electoral Committee which shall consist of a

Chairman and two other members appointed by the Council from

amongst the members of the Association, in respect of each election.

Electoral

committee

(2) The Committee shall-

(a) ensure that elections are conducted in accordance with these

Rules;

(b) issue necessary instructions to the Returning Officer, Presiding

Officer and Election Officers to ensure compliance with the provisions

of these Rules;

(c) supervise and direct the elections; and

(d) perform any other functions conferred on the Committee by

these Rules.

PART II

GENERAL PROVISIONS 4. (1) The Returning Officer shall be appointed by the Council from

amongst the members of the Association for the purpose of electing-

Returning

Officer

(a) officers;

(b) members of the Council, and

(c) members of the Legal Practitioners Committee.

5. The Returning Officer shall- Functions of

Returning

Officer

(a) perform the duties and functions of the presiding officer;

(b) ensure that elections are conducted impartially and in

accordance with these Rules and any other Rules in force;

and

(c) perform all such functions as may be conferred or imposed on

him by these Rules.

6. The Council shall appoint in respect of each election, not more than

three election officers from amongst the full members of the

Association, who shall assist the Returning Officer in the performance

of his functions.

Election

Officers

7. (1) A candidate shall name his election agent in his nomination papers

and such person shall be the candidate's election agent for those polls.

Election Agent

(2) An election agent referred to in sub-rule (1), shall be a member of the

Association.

(3) A candidate may revoke the appointment of his election agent at any

time by giving written notice to the election agent.

(4) The election agent may resign by giving written notice to the

candidate.

8. (1) The Council shall in respect of each election- Nomination day

(a) appoint the day on which, and the hours when the Returning

Officer may receive nominations of candidates, under these Rules, not

less than fourteen days from the date of holding the Annual General

Meeting; and

(b) publish in two consecutive issues of one Newspaper circulating

in Zambia the day and the hours within which the Returning Officer

shall receive nominations.

(2) Any nomination received after the day and hours appointed under

sub-rule (1) shall be void.

(3) All nomination papers shall be lodged with the Returning Officer at

the secretariat within the time prescribed.

(4) The Returning Officer shall receive nomination papers on the day

and within the hours prescribed under sub-rule (1).

9. Any candidate standing for elections shall use the names appearing

on the voters roll or members register, to identify himself.

Identification of

candidates

PART III

PROCEDURE FOR

NOMINATION 10. (1) The Returning Officer shall provide nomination papers to

persons who qualify for nomination and who request for such papers.

Nomination of

candidates

(2) A candidate in an election shall lodge with the Returning Officer, his

nomination papers in accordance with the provisions of this part.

(3) The nomination paper referred to in sub-rule (2) shall be in Form

LAZ 1 set out in the Schedule.

(4) The candidate referred to in sub-rule (2) shall-

(a) complete the form referred to in sub-rule (3);

(b) personally sign the form or the person authorised in writing shall

sign on his behalf and a copy of the written authority shall be attached to

the nomination paper;

(c) state the name and address of his election agent, if any;

(d) lodge the nomination papers within the period appointed under

Rule 8; and

(e) pay the non-refundable nomination fee of-

(i) one hundred thousand Kwacha in the case of a

candidate for the position of Chairman or

Vice-Chairman; or

(ii) seventy-five thousand Kwacha in the case of a

candidate for the position of Secretary or Treasurer; or

(iii) fifty thousand Kwacha in the case of a candidate

for the position of a member of the Council or of the

Legal Practitioners Committee.

(5) The candidate lodging a nomination paper or a person duly

authorised by him, shall present himself to the Returning Officer.

(6) The Returning Officer shall sign the nomination paper signifying

that the nomination is valid.

11. A nomination may be withdrawn by the candidate or the person

authorised in that behalf at any time before the expiry of the period

appointed for lodging nomination papers by giving written notice to the

Returning Officer.

Withdrawal of

nomination

12. (1) The Returning Officer shall determine the validity of each

nomination lodged under Rule 8, after the period for receiving

nominations has expired.

Validity of

nomination

(2) The Returning Officer shall declare any nomination invalid if the

nomination paper-

(a) was not duly completed;

(b) is not properly signed;

(c) is not lodged as required by Rule 10;

(d) is not accompanied by the declaration referred to in the

nomination paper or the declaration is defective in any material

particular; or

(e) the appropriate fee was not paid.

(3) The Returning Officer shall endorse on the nomination paper his

reason for declaring the nomination invalid and shall sign such

endorsement.

13. (1) A Returning Officer shall, after determining the validity of the Procedure after

nominations lodged, inform the Committee of the names of the

candidates validly nominated.

determining the

validity of

nomination

(2) Where the Returning Officer determines that no candidate has been

validly nominated for any position, the Returning Officer shall inform

the Committee accordingly.

(3) Where the Committee is informed under sub-rule (2) that no

candidate has been validly nominated to any position the Committee

shall, in respect of that position, call for further nominations.

(4) Where only one candidate has validly filed his nomination papers for

any position or office, there shall be no election held for that position or

office, and the Returning Officer shall declare such candidate to be duly

elected and inform the Committee accordingly.

14. (1) Where two or more candidates have been validly nominated for

election to a particular position or office, the Returning Officer shall

give notice to the Council and the Committee that a poll shall be taken

on the day appointed and such notice shall set out the names of such

candidates in alphabetical order of surnames.

Notice of polls

(2) The Committee shall publish information regarding nominations to

the members of the Association.

15. (1) Any person may, at any reasonable time, inspect the nomination

papers validly filed with the Returning Officer after the notice referred

to in Rule 14 has been given.

Inspection of

nomination

papers

(2) The inspection referred to in sub-rule (1) shall be conducted before

the day of taking the poll.

PART IV

THE POLLS 16. (1) The polls for any position or office shall be conducted at the

Annual General Meeting and shall constitute part of the business of the

Annual General Meeting.

The polls

(2) A person eligible to vote and is a fully paid up member shall cast his

vote for any position or office.

(3) A member of the Association who is not fully paid up, shall not vote

during any election.

(4) An eligible voter shall be identified by-

(a) his membership card; and

(b) evidence that he is a paid up member of the Association.

(5) Every poll taken under these Rules shall be by secret ballot and in

accordance with the provisions of these Rules.

17. (1) A member eligible to vote may vote by proxy.

(2) A member voting by proxy shall complete the Form LAZ 2 set out in

the Schedule.

Voting by

proxy

18. (1) The ballot paper for an election of members of the Council or

Legal Practitioners Committee shall be in Form LAZ 3 set out in the

Schedule.

Ballot paper

(2) The ballot paper for an election to the office of Chairman,

Vice-Chairman, Secretary or Treasurer, shall be in Form LAZ 4 set out

in the Schedule.

19. A person referred to in Rule 17 shall be issued with a ballot paper

if-

Issuance of

ballot paper

(a) he produces a membership card as a full member of the

Association; and

(b) he complies with the requirements under these Rules.

20. (1) The Committee shall ensure that there are sufficient ballot boxes

and ballot papers and shall provide the Presiding Officer with copies of

the Voters' Roll and all the election material used in the election.

Ballot boxes

and election

material

(2) The Committee shall make such arrangements to facilitate the taking

of the Poll and to ensure that it is taken in the manner provided by these

Rules.

21. (1) Before issuing a ballot paper to the voter, an election officer

shall-

Procedure for

casting votes

(a) call out the name and number of the member as recorded in the

voter's roll; and

(b) stamp such ballot paper with the official mark.

(2) The voter, on receiving the ballot paper, shall signify his vote by

secretly writing the name of the candidate and folding the ballot paper

and placing it in the ballot box for that purpose.

22. (1) The Returning Officer shall ensure that the counting of votes cast

takes place as soon as practicable after the close of the poll.

Counting of

votes

(2) A candidate or his agent in any election shall be entitled to be present

and observe the counting of votes cast.

(3) The votes cast shall be counted by the Returning Officer with the

help of election officers.

23. (1) The Returning Officer shall not count any ballot paper if the

ballot paper is-

Spoilt papers

(a) not properly complete, or

(b) unmarked or invalid for uncertainty.

(2) The Returning Officer shall write the word "rejected" on any spoilt

ballot paper which is not to be counted and shall add "rejection objected

to" if any objection to the Returning Officer's decision is made by a

candidate, or his election agent.

24. Except on an election petition filed under these Rules, the decision

of the Returning Officer on any question arising in respect of any ballot

paper shall not be questioned.

Questions

arising on

decision of

Returning

Officer

25. (1) Where a candidate or his election agent disputes the results of the

votes counted, the candidate, or his election agent may, if present when

the counting or any recounting of the votes is completed, require the

Returning Officer to have the votes recounted or again recounted.

Recounting of

votes

(2) The Returning Officer, if not satisfied with the results of votes

counted may, on his own initiative, have the votes recounted.

(3) The Returning Officer may refuse the request under sub-rule (1) if in

his opinion, it is unreasonable to do so.

26. The poll shall be repeated if there is an equality of votes between two

or more leading candidates.

Equality of

votes

27. The results of the poll shall be announced at the Annual General

Meeting at which the Poll is conducted as soon as the votes are counted.

Results of

elections

28. The Presiding Officer shall keep order during voting and may

require persons who are not eligible to vote to leave the Annual General

Meeting during voting.

Control of

persons during

polling

PART V

PROCEDURE AFTER

COUNTING THE VOTES 29. On the completion of the counting of votes cast in an election, the

Returning Officer shall seal separate marked packets of ballot papers

counted in respect of each candidate, and shall place the rejected ballot

papers in a single marked packet.

Ballot papers to

be sealed in

packets after

counting

30. (1) The ballot papers sealed in accordance with Rule 29 and all other

election material shall be delivered to the secretariat of the Association

and the Committee shall ensure that the ballot papers and all election

materials are retained for a period of thirty days after the day on which

the results of an election are declared, and shall cause them to be

destroyed after thirty days.

Custody and

destruction of

election matter

(2) Where the Committee has been informed that an election petition has

been presented in respect of such election the packets shall not be

destroyed until such time as the trial for such election petition has been

finally determined.

PART VI

MISCELLANEOUS 31. (1) Any election of a candidate or any decision made under these

Rules shall be questioned by an election petition filed under these Rules.

Election

petition

(2) An election petition under these Rules shall be filed in the High

Court.

(3) The procedure and grounds for filing any election petition under

these Rules shall be as provided under Part VI of the Electoral Act and

the Rules made by the Chief Justice under that Act, but may be varied as

circumstances and these Rules permit.

32. These Rules may be amended by a resolution of the Council, but no

such amendment shall come into force until the Rules are approved by a

resolution of the Association at a general meeting.

Cap. 13

Amendment of

Rules

33. Members of the Committee, Returning Officers and Election

Officers shall not be personally liable for anything done or omitted to be

done in the performance of their duties under these Rules.

Indemnity

LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

(Rule 10) NOMINATION PAPER To: The Returning Officer

We the undersigned being full members of the Association do hereby nominate-

First Names (in BLOCK CAPITALS)

Surname (in BLOCK CAPITALs)

Name of Firm/Company/Employer

Postal Address

to stand as a candidate for election as*

And I, the said (full name of candidate in BLOCK CAPITALS)

hereby declare that I accept the nomination.

Election Agent (full name)

Membership Card/Reference Number

Postal Address

Date..........................................................

Signature of

Candidate

Received by me at (time)...............................................on the

day of.........................................................................19......

Signature of Returning

Officer

* Indicate Chairman/Vice-Chairman, Secretary, Treasurer, Council member or member of

the Legal Practitioners Committee as the case may be.

NOTES

1. Candidates are advised to acquaint themselves with the provisions of the Rules before

completing this nomination

paper.

2. When this nomination paper is lodged it must be accompanied by the fee prescribed

under paragraph (e) of sub-rule

(4) of Rule 10.

3. A candidate may authorise another person to countersign a nomination paper on his

behalf and to lodge it with the

Returning Officer, but, in that event, the written authorisation of the candidate is

required to be attached to the

nomination paper.

Full name

BLOCK

CAPITALS

Signature

Member's

Card/Reference

Number

Proposed by

Seconded by

Supported by

Rule 17(2)

FORM LAZ 2 LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

(Rule 17)

PROXY FORM

I of.......................................

being a member of the Law Association of Zambia hereby appoint

as my Proxy to vote for me on my behalf at the Annual General Meeting of the Law

Association of Zambia to be held on

Dated this day of....................................................19......

I will be/will not

be attending the Annual General Meeting.

Signed............................................................

Member

Rule 18(1)

FORM LAZ 3 LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

(Rule 18)

BALLOT PAPER

ELECTION OF COUNCIL MEMBERS/MEMBERS OF THE LEGAL

PRACTITIONERS COMMITTEE*

NAMES OF CANDIDATES

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

* Delete whichever is not applicable.

Note- Write the names of the candidates for whom you wish to vote in BLOCK LETTERS.

You may vote for up to 12

candidates in case of an election of Council members and up to 7 in case of an

election of members of the Legal

Practitioners Committee. To be valid each Ballot paper must be signed by the person

voting or his/her proxy.

Signed.............................................................

Rule 18(2)

FORM LAZ 4 LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

(Rule 18)

BALLOT PAPER

ELECTION OF CHAIRMAN/VICE-CHAIRMAN/SECRETARY/

TREASURER* 1900/1900

NAME OF CANDIDATE

Note: Write the name of the candidate for whom you wish to vote in BLOCK LETTERS.

You may vote for only

one candidate. To be valid each Ballot paper must be signed by the person voting or

his/her proxy.

Signed.............................................................

* Delete whichever is not applicable.

THE LAW ASSOCIATION OF ZAMBIA (GENERAL)

RULES [ARRANGEMENT OF RULES] ARRANGEMENT OF RULES

Rule

1. Short Title

2. Interpretation

3. Membership

4. Entrance Fees and Periodical Subscriptions

5. Expulsion

6. Suspension

7. Resignation

8. General Meetings

9. Reports and Accounts

10. Council Officers

11. Seal

12. Proceedings of Council

13. Committees

14. Disclosure of interest

15. Prohibition of publication or disclosure of information to

unauthorised persons

16. Arbitration

17. Notices

18. Amendment of Rules

19. Revocation of the Law Society of Zambia (Private) Rules

THE LAW ASSOCIATION OF ZAMBIA Cap. 31

Statutory

Instrument

155 of 1996

SECTION 24-LAW ASSOCIATION OF ZAMBIA (GENERAL) RULES

Rules by Council

1. These Rules may be cited as the Law Association of Zambia

(General) Rules.

Short Title

2. In these Rules, unless the context otherwise requires- Interpretation

"member" means a full or associate member of the Association;

"month" means calendar month;

"Rules" means these Rules or any other rules made by the Council;

"Secretary" means the Secretary of the Association.

3. (1) A full member of the Association shall be a person qualified under

paragraph (a) or (b) of subsection (2) of section five of the Act.

Membership

(2) An associate member shall be a person ordinarily resident in Zambia

who-

(a) qualifies under section six of the Legal Practitioners Act; or

Cap. 30

(b) qualifies to practice as a solicitor, attorney, barrister or advocate

in any country which is a member of the Commonwealth of Nations.

(3) A person who qualifies to be proposed by a full member in writing

addressed to the Secretary in the form prescribed in the Schedule to

these Rules.

(4) A person proposed under sub-rule (3) shall undertake, if elected, to

conform to the Act and the rules of the Association.

(5) A person who qualifies to be a member of the Association under

these Rules shall apply to the Council to become a member after paying

the prescribed fees.

(6) A person referred to in sub-rule 5 shall cease to be a member if-

(a) he ceases to qualify as provided for under this Rule;

(b) resigns from the Association; or

(c) is expelled.

(7) An associate member shall subject to sub-rule (8) be entitled to

receive all notices of, and to attend, meetings of the association and to

enjoy all other privileges of membership.

(8) An associate member referred to in sub-rule (7) shall not vote at any

meeting of the Association or serve as a representative of the

Association on any Board, Committee or any other body.

4. (1) The Entrance fees and subscription fees to be paid by a full or

associate member shall be as recommended by the Council and

approved by the Association at a general meeting.

Entrance Fees

and Periodical

Subscriptions

(2) The first subscription fees referred to in sub-rule (1) shall be paid by

a member on such member becoming a member.

(3) The subscription referred to in sub-rule (1) shall be paid by the 1st

January of each year.

5. (1) Three or more full members may present a signed requisition to

the Council in writing if there is reason to believe that any member has

been guilty of any misconduct which, in the absence of satisfactory

explanation, would render him unfit to remain a member.

Expulsion

(2) The Council shall send to such member a statement in writing of the

conduct imputed to him and shall afford him an opportunity of giving an

explanation in writing or in person, as he may elect.

(3) If, on the consideration of such explanation or in the absence of any

explanation, the Council is of the opinion that such member ought to be

expelled from the Association, they shall state their opinion in the form

of a report to be laid before a general meeting of the Association, and

such member shall be liable by resolution to be excluded from the

Association and if such resolution is passed, he shall thereupon cease to

be a member.

(4) The Council may in their discretion exclude from the Association

any member who is a bankrupt or who has made any arrangement or

composition with his creditors.

6. (1) The Council may suspend any member from the exercise of all

rights and privileges of a member during such period as they may thin

fit, not extending beyond the next Annual General Meeting, for any

cause which shall in their opinion render such suspension necessary or

expedient:

Suspension

Provided that-

(a) at least nine members of the Council are present at the meeting at

which it is resolved to suspend such member; and

(b) the Council has afforded to such member an opportunity of

giving an explanation to the Council in writing or in person, as he may

elect.

7. A member may resign from the Association by sending his

resignation letter to the Secretary of the Association.

Resignation

8. (1) The Annual General Meeting shall be held at such time not later

than fifteen and not less than nine months after holding the last annual

general meeting at a place determined by the Council.

General

Meetings

(2) If the Annual General Meeting is not convened, an Annual General

Meeting shall be held in the month next following the last day upon

which the Annual General Meeting should have been held and may be

convened by any two full members of the Association in the same

manner in which meetings of the Council may be convened in

accordance with these Rules.

(3) The Council may convene an extra ordinary general meeting, if three

full members of the Association request for such meeting in writing.

(4) The request for such meeting referred to in sub-rule (3) shall be sent

to the secretary of the Association and shall state the objects of the

meeting and signed by the members requesting such meeting.

(5) If the Council fails to convene a meeting referred to in sub-rule (3)

within thirty days, the members who requested such meeting may

convene the meeting, provided that such members shall comply with

these Rules in convening the meeting.

(6) The Council shall give ten days' notice, exclusive of the day on

which the notice is served but inclusive of the day for which notice is

given.

(7) The notice served under sub-rule (6) shall specify the place, the day

and the hour of the meeting and business to be brought before the

meeting and sent to every member of the Association.

(8) Any notice not received by any member shall not invalidate the

proceedings of any general meeting.

(9) The quorum of a general meeting shall be fifty full members.

(10) If within half an hour from the time appointed for the meeting a

quorum is not formed, the meeting if convened on request by full

members shall be dissolved, in any other case it shall stand adjourned to

the same day in the next week at the same time and place, and if at the

adjourned meeting a quorum is not formed within half an hour from the

time appointed for the meeting, the full members present shall be the

quorum.

(11) The Chairman or, in the absence of the Chairman, the Vice

-Chairman, shall preside at every general meeting of the Association.

(12) In the absence of both the Chairman and the Vice-Chairman, the

full members present shall elect a Chairman from amongst themselves

for that meeting.

(13) The Chairman may, with the consent of any meeting at which a

quorum is formed and if so directed by the meeting, adjourn the meeting

but no business shall be transacted at any adjourned meeting other than

the business left unfinished at the meeting from which the adjournment

took place.

(14) A notice of an adjournment or of the business to be transacted at an

adjourned meeting shall not be given.

(15) Except where otherwise provided by the Act or by these Rules, all

questions shall be decided by a majority of the full members present in

person or by proxy and voting, and in all cases, including the case of

contested election, the Chairman shall, in the event of an equality of

votes, have a deliberative and a casting vote.

(16) A resolution put to the vote of the meeting shall be decided on a

show of hands of full members, unless a poll is, before or on the

declaration of the result of the show of hands, demanded by at least three

full members.

(17) A poll referred to in sub-rule (16) shall be taken in such manner as

the Chairman may direct and the result of the poll shall be by a

resolution of the meeting.

(18) Every full member present in person or by proxy shall have one

vote, whether on a show of hands or by a poll.

(19) A person shall not act as a proxy unless he is entitled on his own

behalf to be present and to vote at the meeting at which he acts as a

proxy.

(20) A person shall appoint a proxy in writing to the secretary not latter

than time fixed for holding the meeting at which the person named in the

proxy proposes to vote.

9. (1) The Chairman shall present a report on the general affairs of the

Association for the previous year at the Annual General Meeting.

Reports and

Accounts

(2) The Treasurer shall present the accounts of the Association for the

year, for the approval of the meeting at the Annual General Meeting.

10. (1) The Chairman, Vice-Chairman, Secretary and Treasurer and

twelve other members of the Council shall be elected at the Annual

General Meeting in each year and shall continue in office until the close

of the next Annual General Meeting.

Council

Officers

(2) Any officer or member of the Council may resign by writing to the

Council and, on the acceptance of such resignation by the Council, his

office shall become vacant.

(3) The office of a member of the Council shall become vacant if(

a) he becomes of unsound mind;

(b) an order in bankruptcy is made against him;

(c) he ceases to be a full member of the Association or abstains

without leave from attending three consecutive meetings of the Council,

without good cause and a resolution of the Council is passed declaring

his office to be vacant.

(6) A casual vacancy on the Council may be filled by the election of

another full member by the remaining members of the Council, and such

substitute shall hold office until the expiration of the term of office of

the Council.

11. (1) The seal of the Council shall be such device as may be

determined by the Council and shall be kept by the Secretary.

Seal

(2) The affixing of the seal shall be authenticated by the Chairman or the

Vice-Chairman and the Secretary or one other person authorised in that

behalf by a resolution of the Council.

(3) Any document purporting to be a document under the seal of the

Council or issued on behalf of the Council shall be received in evidence

and shall be executed or issued, as the case may be, without further

proof, unless the contrary is proved.

12. (1) Subject to the other provisions of these rules the Council may

regulate its own procedure.

Proceedings of

Council

(2) The Council shall meet for the transaction of business, at least once

in every three months at such places and at such times as the Chairman

may decide.

(3) Upon giving notice of not less than fourteen days, a meeting of the

Council may be called by the Chairman and shall be called if not less

than one third of the members so requested in writing:

Provided that if the urgency of any particular matter does not permit by

the giving of such notice, a special meeting may be called upon giving a

shorter notice.

(4) The quorum at any meeting of the Council shall be seven.

(5) There shall preside at any meeting of the Council-

(a) the Chairman;

(b) in the absence of the Chairman, the Vice-Chairman;

(c) in the absence of the Chairman and Vice-Chairman, such

member as the members present may elect from amongst themselves for

the purposes of that meeting.

(6) A decision of the Council on any question shall be by the majority of

the members present and voting at the meeting and, in the event of an

equality of votes, the person presiding at the meeting shall have a

casting vote in addition to his deliberative vote.

(7) The Council may invite any person, whose presence in its opinion is

desirable, to attend and to participate in the deliberations of a meeting of

the Council but such person shall have no vote.

(8) The validity of any proceedings, act or decision of the Council shall

not be affected by any vacancy in the membership of the Council or by

any defect in the appointment of any member or by reason that any

person not entitled so to do took part in the proceedings.

(9) The Council shall cause minutes to be kept of the proceedings of

every meeting of the Council and every meeting of any committee

established by the Council.

13. (1) The Council may, for the purposes of performing its functions

under this Act, establish committees and delegate to any such committee

such of its functions as it thinks fit.

Committees

(2) The Council may appoint as members of a committee established

under subsection (1), persons who are or are not members of the Council

and such persons shall hold office for such period as the Council may

determine.

(3) Subject to any specific or general direction of the Council any

committee established under sub-rule (1), may regulate its own

procedure.

14. (1) If a member is present at a meeting of the Council or any

committee of the Council at which any matter is the subject of

consideration and in which matter the member is the subject of

consideration and in which matter the member or a member's spouse is

directly or indirectly interested in a private capacity, he shall, as soon as

practicable after the commencement of the meeting, disclose such

interest and shall not, unless the Council otherwise directs, take part in

any consideration or discussion of, or vote on, any question touching

such matter.

Disclosure of

interest

(2) A disclosure of interest made under subsection (1) shall be recorded

in the minutes of the meeting at which it is made.

15. (1) A member of the Council shall not without the consent in writing

given by, or on behalf of the Council, publish or disclose to any

unauthorised person, otherwise than in the course of his duties, the

contents of any documents, communication or information whatsoever,

which relates to, and which has come to his knowledge in the course of

his duties under this Act.

Prohibition of

publication or

disclosure of

information to

unauthorised

persons

(2) Any person who contravenes the provisions of sub-rule (1) shall be

guilty of professional misconduct in terms of the Legal Practitioners

Act, and shall be liable to disciplinary proceedings in accordance with

the Part IV of that Act. Cap. 30

(3) Any Council Member liable to disciplinary proceedings under

sub-rule (2) shall be suspended by the Council from performing his

duties as a member of the Council.

(4) Nothing contained in this Rule shall supersede, lessen, or interfere

with the powers vested in the Council and the Association to expel a

member for misconduct.

16. Any question or difference between the Association and members

or between members relating to professional conduct, etiquette or Arbitration

Cap. 40

practice, shall be resolved in accordance with the Arbitration Act with

such modifications as circumstances may permit.

17. Any notice required to be given under these Rules shall be given to

any member either personally or by sending it by post at the person's

usual or last known address. Notices

18. These Rules may be amended by a Resolution of the Council, but no

such amendment shall come into force until such Rules have been

approved by a resolution of the Association at a general meeting.

Amendment of

Rules

19. The Law Society of Zambia (Private) Rules are hereby repealed. Revocation of the

Law Society of

Zambia (Private)

Rules

Cap. 30

SCHEDULE

(Rule 3 (3))

LAW ASSOCIATION OF ZAMBIA

MEMBERSHIP PROPOSAL FORM To: The Secretary

Law Association of Zambia

I propose

Name of candidate

of

Business and Residential Address

Tel.......................................................................... Fax

Whose Qualifications are: (see notes below)

As a full/associate member* of the Association.

*delete whichever is not applicable.

PROPOSER'S NAME, ADDRESS

Tel................................ Fax...............................

SIGNED (PROPOSER) DATE............................................

I, undertake, if elected to membership of the Association, to conform to the Law

Association of Zambia Act Chapter 31 and the Rules of the Association.

SIGNED (CANDIDATE) DATE......................................

NOTES:

(1) A full member of the Association shall be a person qualified under paragraph (a) or (b)

of subsection (2) of section five of the Law Association of Zambia Act.

(2) An associate member shall be a person ordinarily resident in Zambia who-

(a) qualifies under section six of the Legal Practitioners Act; or

(b) qualifies to practise as a solicitor, attorney, barrister or advocate in any country

which is a member of the

Commonwealth of Nations.

(3) A candidate who qualifies to be a member shall be proposed by a full member in

writing i.e. by completing this form which should be addressed to the Secretary.

(4) A candidate being proposed shall undertake, if elected, to conform to the said Act and

the rules of the Association.

(5) A person who has been duly proposed for membership and is qualified to be a member

of the Association shall apply for such membership to the Council of the Association by

lodging this proposal form with the Secretary of the Association after paying the prescribed

fees.

CHAPTER 32 THE ZAMBIA LAW DEVELOPMENT COMMISSION

ACT

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

1. Short title

2. Interpretation

PART II

THE ZAMBIA LAW DEVELOPMENT COMMISSION 3. Establishment of the Zambia Law Development Commission

4. Functions of Commission

5. Composition of Commission

6. Tenure of office

7. Seal of Commission

8. Filling of casual vacancy

9. Proceedings of Commission

10. Committees

11. Disclosure of interest

PART III

DIRECTOR OF THE COMMISSION 12. Director and Deputy Director

13. Secretary, Research fellows and other staff

14. Prohibition of disclosure of information

PART IV

FINANCIAL PROVISIONS 15. Funds of Commission

16. Financial year

17. Accounts

18. Annual report

PART V

MISCELLANEOUS Section

19. Savings and transitional provisions

20. Transfer of staff

21. Regulations